McGregor whiskey trial deferred after former friend comes across new information
Millions of euro are at stake in high-profile trial over Proper No Twelve
The trial of a multi-million euro lawsuit taken against Conor McGregor by his former friend and sparring partner Artem Lobov over the creation of a whiskey brand will not now go ahead next week.
An eight-day High Court case was due to get under way on Tuesday.
But that date was vacated yesterday by Mr Justice Brian Cregan after lawyers for Mr Lobov said their client wished to amend his pleadings.
The eleventh-hour intervention came after Mr Lobov came across new information and wished to change the date he believed an alleged oral agreement with Mr McGregor had been discussed.
While Mr Lobov's side wished to go ahead with the trial as scheduled, following an objection from lawyers for Mr McGregor, they consented to the trial date being vacated.
The court will now hear an application to change details in the plenary summons and statement of claim next Wednesday. It is unclear when the trial might now take place.
Millions of euro are at stake in the case, which was set to be heard just six months after another high-profile civil action involving Mr McGregor.
Dublin hair stylist Nikita Hand was awarded close to €250,000 in damages last November after her successful civil rape case against the former UFC champion.
Mr McGregor is appealing the outcome and is seeking a retrial.
Mr Lobov (38), a mixed martial arts fighter known as 'The Russian Hammer', claims to have been the initial creator and co-founder of the whiskey that became Proper No Twelve.
He alleges Mr McGregor (36) reneged on an oral agreement to pay him 5pc of proceeds from the sale of the whiskey brand. The claims are disputed by Mr McGregor.
In legal filings, Mr Lobov said he accepted the alleged offer made by Mr McGregor while they were in a gym in Dublin in September 2017, and that there were three others present when this occurred.
But his counsel Andrew Walker SC told the court yesterday that his client had discovered an old phone 'which gave him further clarity on the date' and Mr Lobov now said the oral agreement was reached within a six-day period in October 2017.
Mr Walker sought leave to bring a motion for the amendment of the pleadings, to change the date of the alleged agreement.
Were the court to side with Mr Lobov, Mr McGregor could be ordered to pay him close to €6m
Shelley Horan BL, for McGregor, said if the application was made, her side would not be in a position to go ahead with the trial on Tuesday.
'We have a number of witnesses lined up to meet a particular type of case, which would change if the amendment is granted,' she said.
Ms Horan also said her side's discovery requests had extended only to the end of September 2017.
Mr Walker said the amendment would not change things because there was no memo of the agreement. However, Mr Justice Cregan said he was 'not impressed'.
'It is quite clear the defendant is prejudiced by this application. Whether it is successful or not successful, your witness is now going to give evidence about a completely different date and the defendant needs time to prepare its defence for that date,' the judge said.
Mr McGregor is reputed to have been paid $130m (€116.1m) when he and two other shareholders subsequently sold their stakes in the whiskey to Proximo Spirits, owners of Jose Cuervo tequila, for a reported $600m in 2021.
Were the court to side with Mr Lobov, Mr McGregor could be ordered to pay him close to €6m.
Mr Lobov claims he suggested in late 2016 that Mr McGregor develop a whiskey
Russian-born Mr Lobov, a retired professional fighter with a master's degree from DCU in finance and capital markets, claims he came up with the whiskey brand idea after studying the liquor market in university.
He alleges that in a gym, Mr McGregor orally agreed that he would receive 5pc of the proceeds of the whiskey.
Mr McGregor later offered to pay him $1m for what he claims was Mr Lobov's 'limited involvement in prior events', but denies any such agreement existed. Mr Lobov refused to take the money.
In the proceedings, Mr Lobov claims he suggested in late 2016 that Mr McGregor develop a whiskey and that he was authorised by him to investigate potential deals.
Artem Lobov and Conor McGregor
News in 90 Seconds - May 18th
This, Mr Lobov says, culminated in him identifying West Cork Distillers and Malones Whiskey as potential partners in a deal that would have seen Mr McGregor retain 100pc ownership of the brand and a company incorporated to sell the whiskey, with profits split on a 50-50 basis with the distillers.
However, Mr McGregor instead incorporated a company called Éire Born Ventures with sports agent Audie Attar and businessman Ken Austin, which entered a joint venture with Proximo Spirits.
At a previous pre-trial hearing, Liam Bell BL, for Mr Lobov, told the court his client's case was that he was, in essence, 'muscled out by the parties and wasn't paid what he was due'.
Mr Lobov is suing for the specific performance of the alleged agreement or damages; that is, he wants the court to order Mr McGregor to pay him 5pc of the sale proceeds received by the former UFC champion or to pay damages for breach of agreement, misrepresentation and breach of his economic interests.
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